HomeMy WebLinkAbout03/20/91TAPE #901
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
MARCH 20, 1991
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4TH Street,
Bremerton, Washington, Wednesday, March 20, 1991, at 5:30 p.m.,
with Council President Lynn Horton presiding. Council members
present: Wayne Estes, Spencer Horning, Hank Waibel, Morrie Dawkins,
A1 Colvin, and Russ Johnson. Councilmen Lon Overson and C. R.
"Tiny" Collins were absent. Also present were City Attorney Ian
Sievers and City Clerk Kathleen McCluskey.
The meeting opened with the Pledge of Allegiance led by Council
President Horton and Invocation given by Councilman A1 Colvin.
CONSENT AGENDA - None.
#0015
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
has been made available to the council.
M/S/C/U(Colvin/Waibel) on March 20, 1991, the Council d6es approve
for payment those vouchers included and further described as
follows: 126076 through 126225 for a total amount $194,770.28.
COUNCIL MEMBER REPORTS
Mr. Colvin reported he took a trip to Auburn to view their sports
complex, which he found to be a beautiful facility. He recommended
that his fellow Council members take the time to visit that
facility.
Mr. Dawkins reported he attended the Kitsap Home Show this past
weekend, which was well attended. He complemented the City
Planning staff for the good job they did in manning the City's
booth.
Mr. Horning expressed a special "good-bye" to their Rotary Exchange
Student, who returned to her home in Mexico. Hosting an exchange
student was a real joy for his family and he encouraged anyone who
had not had the privilege to host an exchange student to do so as
it is a very worthwhile experience. He congratulated the Parks
Department on their Healthy Living Fair - it was great.
Mr. Waibel announced the Manette District would celebrate its 100th
anniversary of the creation of the City of Manette, Thursday March
21. Mr. Waibel invited Don Atkinson to give a report: Mr.
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Atkinson invited everyone to an event on Monday night, March 25, at
Bremerton High School, celebrating the success of the February 5
School Bond passage. Information will be available on the progress
of construction of over 20 million dollars worth of facilities to
be built as a result of that activity, along with some
entertainment by some outstanding Bremerton High School Students.
Admission for this event will be $5.00 per person and the proceeds
will be used to retire a slight.campaign debt. Also, he reported
on plans underway for the Bremerton/Kitsap County Night at the
Mariners Game - Saturday, May 4. Mr. Waibel invited Marilyn
Waibel to give a report: Mrs. Waibel invited everyone to attend
the TCI Royalty Pageant on March 23, 7:30 P.M., at the Bremerton
High School Performing Arts Center. Tickets for this event would
be available through TCI, Kitsap Mall and Bremerton Area Chamber Of
Commerce, as well as sold at the door. She presented the Armed
Forces Queen candidates as follows: Gloria Battle, Sponsor-Lewis
Funeral Chapel; Kristi DeBoer, sponsor -Kitsap Physician Service;
Anna Kim, sponsor-Hayward Insurance; Melina Makins, sponsor-Fred
Meyer; Stephanie Gohd, sponsor-Shelley's Travel Service; Angelie
Ibay, sponsor-Kitsap Bank; Kate Ellis, sponsor-KBRO Radio; Michael
Horning, sponsor-National Bank of Bremerton; Ricci Kilmer, sponsor-
Pacific First Federal Savings Bank. The candidates entertained
Council and audience by a song and dance routine.
PUBLIC RECOGNITION
Mayor Louis Mentor reported on several events he attended this past
weekend, including the Healthy Living Fair, a scholarship fund
raising event, Kitsap County Home Show, Baseball Trading Show,
Kitsap Jazz Festival, Rotary Auction and St. Patrick's Day
celebration.
Mayor Mentor read a Proclamation recognizing the heroic acts
performed by Medal Of Honor recipients in the United States. And,
of the 223 living recipients of this honor 15 reside in the State
of Washington, 3 of which reside in Kitsap County, one of which
resides in Bremerton. Mayor Mentor proclaimed MARCH 25, 1991, as
CONGRESSIONAL MEDAL OF HONOR DAY in the City of Bremerton.
Fire Chief Chet Melgs reported on March 1, 1991, the Fire
Department was dispatched on a Fire call at 9:45 P.M. to 1344
Warren Avenue. When they arrived they found a single family
dwelling filled with smoke and two individuals existing that
structure. One of those individuals was the occupant and the other
was a young man who noticed the fire while passing by, stopped and
extinguished the fire with a garden hose, assisted the occupant,
who was suffering from smoke inhalation, and called 911 all in the
same process. Without the actions of this young man, the situation
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could have ended with tragic results. The young man making the
rescue was MM3 Kenneth I. Smart, of the Blue Crew USS Ohio. Chief
Meigs called up Kenneth I. Smart, along with Captain George P.
Bardsley, Master Chief Petty Officer Steven Hillis, Chief Petty
Officer Ed Loungosky, Lt. Craig Courtney, all of the Blue Crew USS
Ohio, as well as Melissa Smart, Kenneth's wife and son Matthew.
Mayor Mentor read a Proclamation commending MM3 Kenneth I. Smart
for his actions and concerns for the safety of our community in a
life-threatening situation. Kenneth Smart thanked everyone and
noted it was an honor to receive such an award. Captain Bardsley
stated he was very proud of Petty Officer Smart's actions, clearly
showing concern for his fellowman.
Don Mansford, 1825 J Russell Rd., stated he remembered the citizens
of Bremerton voted down a measure to build a maintenance complex on
Oyster Bay hill. Now, he expressed great concern that Council had
voted to move forward on this project and questioned where the
funding was coming from? President Hotton asked Kathleen
McCluskey, City Clerk, to forward and answer to Mr. Mansford on
this issue.
Don Larson, 135 Rainier Avenue, Chairman of the Dyes/Sinclair
Inlets Advisory Committee, reported on plans being made for Earth
Day Clean Up on April 20, 12:00 (noon) near the First Street Dock.
The old Bremerton Lumber site will be the assembly point for this
event. They are seeking volunteers to assist with the shoreline
clean up of Sinclair Inlet. Anyone wanting more information may
contact Mr. Larson at 373-5367 or Dr. Fran Solomon, Department Of
Ecology, Action Team Coordinator for Dyes/Sinclair Inlets - 867-
7219. He was looking for some assistance from the City and
requested that the 2-hour parking restrictions be waived during the
time of the clean up effort to allow adequate parking for the
volunteers participating in the clean up effort. Also, he needed
assistance in getting "power" to the Bremerton Lumber building.
President Hotton suggested that Mr. Larson contact the City Clerk
to coordinate City assistance in this project.
6A - BUDGET ADJUSTMENT #91-4, ADDING .5 FTE TO THE CIVIL SERVICE
DEPARTMENT, #AB91-074
In order for the Civil Service Department to function properly, it
is necessary to increase the level of clerical support from .5 FTE
to 1.0 FTE. To accomplish this it is proposed that we move the
present employee to exclusively Civil Service and hire an
additional .5 FTE permanent part-time employee in the
Council/Auditor Departments. Funding source for this position
would be provided from the following departments: Police ($5,000),
Treasurer ($1,850), Planning ($5,000).
Rich Hanna, City Treasurer, stated the adjustment had been amended
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from that originally discussed, with Council during a Study
Session, to reflect Council's desire that they continue to be
supported with a permanent part- time position in the Council and
Auditor area at the time the additional .5 clerical position to
Civil Service. Mayor Mentor noted this action was necessary to
provide the full time Civil Service assistance to the full time
Civil Service Secretary.
Public comment - none.
Mr. Johnson pointed out for the public's benefit that the
adjustment was not providing new staff for the Council and Auditor,
but just maintaining current level of staffing and providing for a
full time person to assist the Civil Service Secretary. President
Hotton noted that this item had been discussed during two study
sessions and by the Fiscal and Budget Committee.
#0826
M/S/C(Colvin, Dawkins) to approve Budget Adjustment request No. 91-
4.
Vote:
In Favor:
Abstain:
Estes, Horning, Horton, Dawkins, Colvin,
Johnson
Waibel
7A - ORDINANCE (FIRST READING) ADOPTION OF BREMERTON MUNICIPAL CODE
"INATTENTION TO DRIVING", #AB91-066
The proposed ordinance makes it a civil infraction to operate a
motor vehicle in an inattentive manner. Under current ordinances,
such driving is often charged as Negligent Driving. Many such
incidence do not warrant the severe repercussions of a criminal
conviction, but would more appropriately be handled.
Leila Mills, Assistant City Attorney, stated there were many
situations that warranted charging a civil infraction under these
circumstances of inattentive driving. Currently, there was not
anything that pertained to this type of inattentive driving, so
officers are having to cite under misdemeanor negligent driving.
Because the situation may not be as serious as that warranted under
the misdemeanor, it was recommended that an ordinance for an
infraction be adopted.
Public comment - none.
Mr. Johnson stated his only concern was that there were not enough
policemen in the State of Washington to cite all the inattentive
drivers. He felt it was a good idea to have a lesser penalty than
a negligent charge.
#0928 M/S/C/U(Johnson/Horning) to approve ordinance, on first reading,
#0967
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making it unlawful to drive a motor vehicle in an inattentive
manner, and amending Chapter 10.04 of the Bremerton Municipal Code.
Vote:
In Favor: Estes, Horning, Dawkins, Colvin, Johnson, Horton
Opposed: Waibel
7B - ORDINANCE #4310 (SECOND READING) DRUG LOITERING, #AB91-051
Leila Mills, Assistant City Attorney, stated for second reading of
the ordinance she incorporated the changes made at the time of
first reading.
Public comment - none.
Mr. Johnson stated he could not support this proposal considering
the fact that current court cases had not been settled setting case
law and he felt it could tie up too much of the City's attorneys
time.
M/S/C/(Waibel/Estes) to pass Ordinance #4310, on second reading,
prohibiting drug related loitering and prescribing penalties
therefore, and adopting a new Chapter to Title 9 of the Bremerton
Municipal Code.
Vote: In Favor:
Opposed:
Colvin, Dawkins, Horton, Waibel, Horning, Estes
Johnson
7C - ORDINANCE #4311 (SECOND READING) CREATING THE FIRE DEPARTMENT
CAPITAL FUND, #AB91-063
Rich Hanna, City Treasurer, stated the only change to this
ordinance from the first reading was the inclusion of a 10-day
effective clause at the end of the ordinance.
Public comment - none.
M/S/C/U(Dawkins/Colvin) to pass Ordinance #4311, on second reading,
providing for the establishment of a fund to be known as the Fire
Department Capital Fund.
7D - ORDINANCE #4312 (SECOND READING) ADOPTION OF BREMERTON
MUNICIPAL CODE "PROHIBIT FIREARMS IN CERTAIN PUBLIC PLACES", #AB91-
065
Leila Mill, Assistant City Attorney, stated following the first
reading of the ordinance, she researched into the prohibition of
firearms in City Council Chambers. Her research revealed that the
State law preempts any of the City ordinances passed in this area.
State law does not prohibit the possession of firearms in City
Council Chambers or in local legislation meetings, therefore, such
a law in this City would be more restrictive and inconsistent with
State law. She could not recommend that Council adopt such a law.
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#1256
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She did include in the proposed ordinance all the restrictions
contained in the State law. She also looked into Mr. Estes'
question if the State Legislative buildings were an area where
firearms were prohibited. In the area of firearms, legislation was
being proposed to the State Legislators restricting fire arms in
legislative buildings on the Capital campus. If that legislation
is passed it would not include all local legislative bodies in
Washington.
Public comment - none.
Mr. Waibel stated if the legislators felt it necessary to protect
themselves he hoped they would allow other elected officials to
also be protected. Therefore, maybe part of the City's lobbying
effort could be generated in that area.
Mr. Estes stated when did it become a violation...when they shoot
someone? Ms. Mills stated if someone shot someone it would be a
felony. Ohief McNeal explained if someone carried a gun into the
Council Chamber and they had a concealed weapons permit, they had
no problem. However, if they pulled the weapon out and wave it
around intimidating people, then the issue of assault comes into
the act and they would be removed by the Police Department and
charged.
Mr. Morning stated he believed it was the lowest form of political
intimidation when someone threatens in this manner. He felt it was
sad and not difficult to understand why it was difficult finding
people to run for political office, such as City Council.
M/S/C/U(Waibel/Dawkins) to pass Ordinance #4312, on second reading,
adopting provisions prohibiting firearms in certain public places,
and amending Chapter 9A.24 of the Bremerton Municipal Code.
7E - ORDINANCE #4313 (SECOND READING) AMENDING THE SCOPE OF THE
CRIMINAL PENALTIES FOR VIOLATION OF CIVIL PROTECTION ORDERS, #AB91-
064
Leila Mills, Assistant City Attorney, stated the only change
incorporated into the ordinance was the one made during first
reading, i.e., "RCW Chapters 26.50 and 26.09.300 are adopted by
reference".
Public comment - none.
M/S/C/U(Waibel/Estes) to pass Ordinance #4313, on second reading,
amending the scope of the criminal penalties for violation of civil
protection orders, and amending Bremerton Municipal Code 9A.32,080.
8A PUBLIC HEARING - PARKS AND RECREATION COMMISSION RECOMMENDATION
REGARDING PROPOSED REAL ESTATE EXCHANGE INVOLVING ROOSEVELT FIELD,
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#AB91-071
The Parks and Recreation Commission will hold a second public
hearing meeting regarding a proposed real estate exchange involving
Roosevelt Field on Monday, March 18, 1991, at 6:30 p.m., in City
Council Chambers. After receiving additional public input, the
Commission will formulate a recommendation in which they will
present during the March 20, 1991, City Council meeting.
Mariwvn Tinsley, Chairman Parks and Recreation Commission, stated
on January 16, in an Executive Session of the City Council they
were asked, as a Parks Commission, to consider a revenue stream of
$75,000/year in replacement for Roosevelt Field. At that time, the
Parks Commission put together three criteria for the review of this
decision, and whatever they did there must be no loss of playing
time within the Parks system, they must look at placement of the
fields in the core of Bremerton and there must be adequate
replacement for both fields. At a February 13 Executive Session of
City Council, the Commission made a recommendation that
$75,000/year was not adequate funding to replace Roosevelt Field
and they would need the ability to secure additional properties.
At that time, they highlighted the Brem-Air/Loftus property and the
American Legion property as two areas to investigate. On February
15, they were asked to consider the following proposal: would the
Parks system consider the 3.14 acres of Brem-Air, the Loftus
property and .7 public works property as a possible site for the
development of fields. That the sports complex could be fast
forwarded to the summer of 1992, for the relocation of the adult
softball and that the $75,000/year revenue stream could be used in
a joint venture with the Port Commission and development of fields
in that area with the Brem-Air/Loftus property.
Their approach to this task was to hold a Study Session, and a
Public Hearing and to return to the City Council on March 20 with
a recommendation. Based upon public testimony of 42 people (69% in
favor of the land exchange and 31% opposed), letter correspondence
from 40 people (99% in favor of the land exchange, one letter in
opposition), informal survey by Dr. Stanley with 100 signatures
(76% of the people in favor of the land exchange, 10% opposed or
were unaware of this pending exchange, a petition signed by 20
people in support of the exchange, they studied and research this
issue. They listened carefully to the community that they
represent and this was not a simple issue but very complex. They
stand before this community as stewards for the protection of parks
and open space and do not take this task lightly. We must think
beyond the immediate needs to the future of our City, our College
and of our parks. We cannot make a final recommendation to Council'
this evening because they have incomplete information. At the
March 18th Public Hearing, the Parks Commission formulated the
following recommendation to bring to Council. After a Study
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Session and a Public Hearing the Bremerton Parks and Recreation
Commission recommend that the City Council clarify the following
items generated in the public hearings before the Parks Commission
can finalize its recommendation to the City Council:
Property:
1. Will the Bremerton Parks and Recreation System be responsible
for any of the environmental clean up costs associated with the
Bremerton Lumber, Smith Cove and Roosevelt Field property?
2. How realistic is it that the Sports Complex Phase I can be
funded and developed by the late summer of 1991 to accommodate the
relocation of play from Roosevelt Field?
3. Can we secure a commitment from the Port and Brem-Air to
negotiate a land swap? Is the Port willing to purchase the Loftus
property and is it for sale?
4. Can we receive Council commitment for parks related use of the
Street Department property and the Engineering Building? Can the
property at the Engineering Building be developed into commercial
parking to meet the anticipated demands of the proposed marina and
parks related activities?
5. Should the Brem-Air/Loftus property not be available, would the
City be willing to enter into a joint usership with Bremerton
School District to develop theAmerican Legion field and 22.5 acres
of property behind Bremerton Middle School into parks and
recreational facilities as a replacement for Roosevelt Field?
Legal Issues
1. Is the Port willing to enter into aninterlocal agreement with
the City for the development and operation of the proposed marina
and park development at the Evergreen site?
2. What implications does the Parks Protection Ordinance have on
the possible land exchange between Olympic College and the City?
Will Roosevelt Field need to be declared surplus as stated in the
Parks Protection Ordinance section 3.3 before any action can take
place? What effect, if any, does the possibility of condemnation
have on the Parks Protection Ordinance surplus procedure?
Financial
1. How can the Parks and Recreation Commission be assured that the
Bremerton Lumber property will provide an annual revenue stream of
$75,000 a year? Is it realistic to believe that the Bremerton
Lumber property can remain as a parking lot for the duration of the
bond?
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2. What guarantee do we have that should the Bremerton Lumber
property be sold, that the revenue from the sale would remain in
the Parks and Recreation budget for the development and enhancement
of the Parks and Recreation system including the development of the
youth fields lost by the Roosevelt Field exchange?
Parks Department
1. What is the need to replace Roosevelt Field youth play with
lighted fields?
2. With the projected increase in soccer play, how many soccer
fields should be relocated and provided within the parks system?
3. What is the need in Bremerton for baseball (hard ball) fields?
Can the spots complex accommodate baseball needs?
Time Frame
The Parks Commission will meet on Tuesday, March 26, and invites a
City Council representative to attend the Parks' Commission meeting
and address the issues generated in the public hearing. The Parks
Commission is anxious to finalize its recommendation within the
next month or as soon as these issues can be clarified. At that
time, the Commission will take final action and return to City
Council with our recommendation.
Ms. Tinsley stated this is the time for cooperation between Parks,
the City and the College. We must work together to resolve this
issue for us all... it is time to move forward. As the City
Council meets and provides clarity and parameters to these issues
of community concern, they will then make the best decision they
can for the citizens of Bremerton.
The following individuals spoke in favor of the proposal:Bev Short,
2334 7th Street; John Stockwell, 1813 NE Rustic Ln; Tim Tyan, 10570
Seabeck Hwy., Seabeck; Donald Larson, 135 Rainier Ave.; Carl
Cramer, 2820 Rocky Pt. Rd.; Rick Smith, 131 E. 31st; Don Ricks,
1317 Hayward Ave.; Charles A. Hall, 1009 Dibb St.; Dr. John
Stanley, 2836 Halverson; Jolene Ramaker, 1710 W. Sunn Fjord Lane
#K201; William D. Harvey, 615 N. Lafayette; Kevin Danieli, 495 NE
Cottonwood Dr.; Dorothy Bristow, 1716 Carr Blvd.; Ray White, 371NW
Mosher Canyon; Karen Gray, 1928 Clemens St.; Dick McConaughv, 1941
Wyoming St.; Mercedes M. Jones (Student); 954 Selbo Rd., NW; Mary
Garguile, 2603 E. 9th St.; Kwame J. C McDonald, Olympic College
staff and Advisor to Assoc. Of Students, 1602 Naval Avenue #31;
Cllnt Shinkle, downtown businessman (17 yrs.), 3129 Rocky Pt. Rd.
The following comments were made by the above listed speakers:
(1) keep opportunity for education available; (2) impact on City -
OC major employer; (3) benefit whole metropolitan area; (4) vast
improvement for parks department facility; (5) help revitalize
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downtown; (6) no perfect solution; (7) need to keep Olympic College
in Bremerton; (8) College needs to grow; (9) look to future with
vision; (10) win-win situation; (11) trade ok if playing fields are
replaced including full size soccer field; (12) improve economic
life of community; (13) recreation important/play fields can be
relocated; (14) illustrate new environment of cooperation between
Bremerton School District, College, Port of Bremerton and City;
(15) presented a petition in support of proposal containing 40+
signatures; (16) education deters crime (17) results of surveys
taken show people in support of property exchange; (18) do
something now and turn away a decade of decline; (19) provide
steady financialincome for Parks Department and expansion of Parks
programs; (20) Olympic College provides new programs, such as the
retraining program for displaced timber workers; (21) students must
have access to services at College; (22) difficulty for elder aged
students if they have to walk several blocks to classes; (23)
adverse affect on parents with young children, i.e., having to come
to class at least one hour earlier to obtain parking space; (24)
safety of students walking to their vehicles after evening classes;
(25) proposed recreation facility much better than existing
facilities; (26) recreation facilities less costly to construction
than new educational facilities; (27) increased student drop outs
due to difficulty getting access to services; (28) difficulty for
disabled students i.e., in wheel chairs, vision impaired; (29)
pride in College good for Bremerton and surrounding area; (30) do
not want to move people out of their homes to provide expansion of
College when other alternative is viable.
The following individuals spoke in opposition to the proposal: W.
J. Warren, 1127 Rainier; Patricia Cook, 2510 Reid Ave.; Norman
Cook, 2510 Reid Ave.; Glenn Jarstad, 2823 Hefner Ave.; June
Jarstad, 2823 Hefner Ave.; Gloria Moore, 2452 E. Phinney Bay Dr.;
Verna L.Miller, 2831 NW N. Star Dr., Silverdale; Margaret Cater,
109 Oak' Dusty Rhodes, 2513 Reid Ave.; De1 Knauss, 139 Olympic
Ave.; Earl Nelson, 313 Olympic Ave.; Don Mansford, 182 J. Russell
Rd.; John Hoem, Sons Of Norway 1018 8th St.; Richard Weld, 319 Yew
St.; Paul Schmidt, 16th & Ironsides; W. Beidel, 6504 Lake Dr.;
Following are comments made by the above individuals: (1) did not
want his vote torn up against sale of Roosevelt Field; (2) Council
should not circumvent vote of the people; (3) citizens voted to
keep park; (4) only Bremerton residents should have a say in what
happens to Roosevelt field, not those who live in County areas; (5)
replacement value of Roosevelt Field is closer to 1.5-2 million
dollars, not for what it was being offered; (6) marina project
would have greater parking needs than described; (7) many
unansWaPMd#902 questions; (8) sale of Roosevelt Field should be
decided by voters; (9) Olympic College can expand east of Warren
Avenue west to new High School; (10) only Bremerton tax payers
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being asked to subsidize College; (11) taking away open space is
wrong; (12) never enough parks, can't afford to lose even one; (12)
read into record letter received from National Parks And Recreation
TAPE #902 Association to Governor Booth Gardner supporting maintaining parks
and open space; (13) City being dazzled by dollars and tourists;
(14) costs of cleaning up Smith Cove are unknown at this time and
City should not expect City residents to pick up costs of
reclamation of land; (15) citizens are not being represented by
their elected officials; (16) let the City do something for the
Navy and let them use Roosevelt Field for hard ball games; (17)
College has little regard for handicap parking, i.e., parking
spaces for school administrators could be utilized better for
handicap parking; (18) other alternatives to ease parking problems
could be undertaken by College, i.e,, buy up older homes near
college; (19) implement Downtown Waterfront Urban Renewal Plan and
condemn eligible properties; (20) the need for a park should be
main criteria for selling Roosevelt Field; (21) hate to think
education was dependent upon availability of parking; (22)
The following individuals spoke neutrally on the proposal:
Scott Krone, 1320 Ironsides Ave.; Ruth Keen Yates, 2130 Warner NE;
Howard E. Mathison, 1520 N. Lafayette. Following are comments made
by the above individuals: (1) need to keep in mind all other
sports needs, ie., soccer fields; (2) concerned what would happen
to parking for Sons Of Norway organization; (3) Council should vote
their conscious.
Kathleen McCluskeV, City Clerk, read into the record the following
letters: Ralph and Betty Fuchs, 1519 Reid Avenue (against trade or
sale of Roosevelt Field); Lincoln Perry, (opposed to Roosevelt
Field give-away, however did support swap of properties that
included guarantees regarding environmental issues on property
adjacent to Evergreen Park).
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A1 Colvin questioned President Horton of the number of letters
received on this issue how many were for and/or against the
proposal? President Hotton stated she did not have the actual
count at this time, but would provide that information later. She
also pointed out that only seven members of the Council were
present during this meeting and no official action would be taken
on this issue at this time. Before the next public hearing, both
of the absent Council members will review the tapes of this meeting
so they are fully briefed on the testimony taken. Per the Park
Ordinance, a second public hearing will be held April 3, 1991, on
this issue.
Mr. Johnson thanked the many speakers on both sides of the issue
for presenting their positions in such a well mannered way. In
regard to the information requested by the Parks Commission, he
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requested Council remand the list of questions to the Mayor and
have written answers developed and available to the Parks
Commission prior to their March 26 meeting. And, he volunteered to
work with whoever the Mayor designates as lead on this issue. Mr.
Homing stated he agreed with Mr. Johnson's suggestion and felt
confident that Councilman Johnson and Council President Horton
would continue their efforts as Council representatives on this
issue. President Hotton requested Mr. Sievers, as the City's
Attorney, to advise Council on the Park Ordinance and to speak with
the State Attorney General's Office to clarify some legal points
that may be open.
Mr. Colvln commended Ms. Tinsley and the members of the Parks
Commission for their dedicated effort in dealing with this issue.
Mr. Waibel stated Council members do need to keep an open mind on
this issue through all the hearings.
8B - PUBLIC HEARING - PRELIMINARY PLAT OF OUALHEIM; APPLICATION
BREMERTON SCHOOL DISTRICT, LOCATION 5220 FIRST STREET, #AB91-072
On February 19, 1991, the Planning Commission voted 9 to 0 to
recommend approval of the Qualheim Preliminary Plat.
Title 58 RCWBoundaries and Plats empowers the City Council to hold
a public hearing in order to accept, reject or modify the Planning
Commission's recommendation.
President Hotton asked the "Appearance Of Fairness/Conflict of
Interest" question, with all Council members being seated.
Jack A11ingham, Planning Division, provided a view graph showing
the location of the subject site, and explained the Bremerton
School District was proposing to further subdivide a 4.68 acre site
in the Auto Center Way area, 5220 First Street, into two lots. In
1990, the School District received a short plat approval to
subdivide four lots. Bremerton's Short Plat Ordinance #3200
further restricts the further subdivision of this site without
filing a final plat.
The site is currently zoned General Industry (GI) and has an
Industrial/Business park Comprehensive Plan designation. The GI
zoning has no minimum lot sizes, widths, etc.. When the City
Council reviews a preliminary plat they look for compliance with
zoning, consistency with the Comprehensive Plan and the
availability and adequacy of public facilities and services. When
the Planning Commission reviewed this application, it was noted
that the property line along First Street was improperly shown
(First Street has a 60 ft., right-of-way and the plat shows a 30
ft., right-of-way), therefore, the Planning Commission requested a
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condition be placed on this application that prior to final plat
approval that all property lines be reviewed and the plat amended
toshow property lines.
Public comment - none.
Mr. Johnson noted with approval of this action 4.68 acres of open
space would be eliminated.
Mr. Dawkins questioned if this property was already surrounded by
other business uses, except the road areas? Mr. Alllngham stated
yes, the site was in the middle of an existing and planned
industrial area.
#0242
M/S/C/U(Waibel/Colvin) to adopt the Findings of Fact and
Conclusions of Law of the Planning Commission and hereby approve
the Preliminary Plat of Qualheim subject to the following
condition:
Subdivision Desiqn: Prior to final plat approval, the applicant
shall confirm the accuracy of all property lines and amend the
Final Plat subject to the review and approval by the City Engineer.
8C - PUBLIC HEARING - TO CONSIDER A REOUEST BY BREMERTON SCHOOL
DISTRICT TO REZONE A 10-ACRE SITE AT CARR BLVD., AND BARLOW DRIVE
FROM "SF-I" TO "PS" AND HAVE THE RIGHT-OF-WAY OF BRENTWOOD CIRCLE
VACATED, #AB91-073
The Bremerton School District owns a 10 acre site at the corner of
Harlow Drive and Carr Boulevard which it purchased some time ago in
anticipation of the need for an elementary school to serve that
neighborhood. The District has requested a rezone of that site
from its current zoning of "Single-family (SF-1)" to "Parks and
Schools (PS)". Also, in order to plan and develop the site for a
future school, the District has requested the vacation of the
Brentwood Circle street right-of-way which was originally designed
to serve a residential development but was never improved.
Public hearing before both the Planning Commission and City Council
are necessary in the processing of a rezone.
President Hotton asked the "Appearance Of Fairness/Conflict Of
Interest" question with all Council members remaining seated.
Ron Hough, Planning Manager, provided a view graph showing the
existing uses and circulation system in the area. Access to the
site was by Carr Blvd., on the east and south side and by Harlow on
the west and turns into Lyle going north toward Kitsap Way.
Bremerton School District requested a rezone from SF-1 to Parks and
Schools (PS) for the site, which they had purchased years ago in
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anticipation of a need for an elementary school to serve this
general neighborhood. Now, they feel it is time to build such a
facility.
The three streets (Harlow, Lyle and Carr) that serve this area
basically function as collector streets through the neighborhood.
All three are two-lane paved roads of a type often found in rural
residential areas, without curbs, gutters and sidewalks. In most
cases they have narrow and unpaved shoulders with drainage ditches
on both sides. The rights-of way of these streets are generally 40
ft., or less and the City street standard right-of-way in
residential areas is 50 feet. Therefore, they are all considered
substandard in right-of-way and development. They have been judged
in "fair condition" by the Engineering Department. Pavement width
varies from 17-20 feet and there is about a 10 ft., excess on each
side of the street serving the school, as well as drainage ditches
along both sides. (Note: this was about the only serious issue that
was brought up in the public hearing and meetings preceding
Council's public hearing.
The criteria in the Zoning Ordinance was reviewed and this
particular site met that criteria. In addition, they reviewed some
criteria stated in the Planning document "PLANNING AND DESIGN
CRITERIA", and those criteria included: central location within the
neighborhood for an elementary school; a location that will best
meet the growing enrollment needs of the area; trends in household
size; and service radius and availability. Staff report reflects
that the service radius of serving this school was a radius of
about 1/4 mile. Mr. Hough noted that within that 1/4 mile radius
there was a potential of 300-400 homes and that would include the
Dockside development. Also, there is considerable potential for in-
fill development as well.
Mr. Hough provided a view graph showing the zoning of the site and
the school site currently is classed SF-1, the lowest density
residential zone in the City, largest lot sizes to the west is a
SF-2 zone and Dockside to the southwest was SF-3.
On February 4, 1991, a mitigated determination of non-significance
was issued by the Director of Community Development for a phased
SEPA review on the environmental review portion of the project.
That review is still active and they required the applicant to
provide some additional information on four key areas: (1) storm
runoff, (2) pedestrian access and improvements, (3) neighborhood
compatibility, and (4) transportation. This information will be
made available in the future at a time when a more specific site
plan would be provided to assess what impacts the actual physical
development of the site would have on the neighborhood. As
mentioned previously, the main concern was the width and condition
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of public streets and safety of school children who may have to
walk along the streets to get to school. It was not clear yet
whether or not off site/street and pedestrian improvements would be
would be necessary for this development, that will be determined
later. Also not clear was who would be the responsible party for
providing those improvements, the School District, the City, or the
neighborhood through a LID or some other means. It has been
proposed to Field Ryan (School District) by Don Pratt, Director of
Community Development, that a committee be established to work on
this issue and return their recommendations to the School District
and City Council as to what types of improvements would be needed
around the school for access and methods of financing those
improvements. It was suggested that this committee include, as a
minimum, someone to represent the School District, the
Administration, City Engineer, School Principal and neighborhood
resident designated by the City Councilman of that district.
Planning Commission's recommendation to the City Council is to
grant approval of the rezone.
The second part of this rezone request was the request to vacate
Brentwood Circle, which is an old platted street right-of-way that
was intended for residential development, however, it was never
developed and "on paper" only. Brentwood Circle is located in the
center of the school property and since the School District owned
all the surrounding property, they are requesting that the street
be vacated so they would have a clear site to develop. The
Planning Commission also recommended that the City approve the
vacation of Brentwood Circle.
Field RVan, representing Bremerton School District, stated they
agree with the Planning Commission's recommendation. He noted this
was a very viable project and was included in the bond issue that
was approved on February 5. He has a budget of approximately 6
million dollars and are waiting for State funding to arrive.
Without state funding, they would be front funding the project and
they are working with the architects and engineers trying to
satisfy all concerns that were voiced through the rezone process.
James Ruppreaht, 1339 Carr Blvd., stated he owned a lot bordering
the subject property and that he submitted a letter to the Planning
Commission on the date of their meeting and as of this date had not
received a response to that letter. He did not support the rezone
and he had a number of concerns that would come with a school
facility project. Some of those concerns included: parking
problems, ground water runoff, green belt area, etc. He wants to
be included in the feedback on this project before he sees trees
being cut down.
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William Seidel, 6504 Lake Drive, stated he couldn't say he was
against the school, but questioned if this was the right location
for a school? He felt it was not the best location and he pointed
out the issues raised during the Kitsap Lake Neighborhood meeting
on this project. In his opinion, he believes Harlow was more than
a feeder street, more like a main traffic route for gravel trucks
coming from the quarry and heavily impacted by vehicular traffic.
If approved, he believed there should be improvements all along
Harlow Drive and the other streets making it safer for the
children. He was still not convinced why the Westpark school area
could not be used for a new school instead of building a brand new
one,
Mr. Johnson pointed out that by far the most overriding concern of
the people in the area was the total lack of sidewalks, condition
of both Carr and Lyle Avenue and with additional traffic loads
would deteriorate even more, congestion of intersection of Carr and
Lyle and entrance onto Kitsap Way, Wilmont not capable to handle
more traffic than current traffic loads. The area where a sidewalk
could go would be along the current drainage ditches. He felt the
location was probably good for a school, however, he was concerned
with endangering elementary aged children if they are required to
walk to school along those streets. If the rezone was approved at
this time he was not sure how the City could get some attention to
fix the area so that the children could walk safely to school. He
did not support the idea of having the local residents enter into
a local LID to improve the streets for the school. He questioned
what was the mitigation path? Field Ryan, Bremerton School
District, stated children are already walking to bus stops along
those roads. A great number of students from that area are now
being bused or driven to Crown Hill School. Mr. Johnson pointed
out the neighborhood was changing and younger families were moving
into the area. Mr. RVan noted the proposed routes for children to
walk to the new school was not an ideal situation and acknowledged
the walking routes need improvement. Even though they will have a
six million dollar budget to build the school, it would not provide
funding of sidewalks throughout the whole area. Locating a school
in the subject area is considered an ideal school site in that it
serves the surrounding residential neighborhood, allowing the
children to walk to the school facilities within a very reasonable
area, maximum distance 1-mile with majority of students within 1/4
mile. He believed that the School District did meet all conditions
of the rezone. Don Pratt, Director Of Community Development,
stated the School District would be subject to impact fees for off
site transportation improvements if the impact fee schedule was
adopted in the City's Capital Improvement Plan. Site review had
already been initiated of the design itself and staff would like to
take that site plan back to the neighborhood group for discussion.
He noted they were requiring on site improvements on the periphery
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of the school site but did not have the legal authority to require
impact fees for off site improvements, unless they volunteer some
type of relief.
Mr. Waibel noted that the City was being requested to rezone the
property and to vacate a street and he felt it very judicious of
the City to request some exchange of easements rather than a flat
out vacation. Two fifths of Carr Drive is adjacent to the school
property and is only 40 ft. wide and should be 50 ft. He felt that
the same thing could be done with an area of Harlow Drive. Mr.
Johnson suggested postpone any action on the vacation portion until
an acceptable plan was received for taking care of the sidewalk
issue. Mr. Hough explained that was one of the reasons for the
citizens committee, who would look at actual needs and make
recommendations to the City. They had talked with the Engineering
Department and there were some things that could be done at a
minimum expense to correct some of the obstacles along the side of
the road and possibly widening shoulders, etc.
Mr. Estes stated before any approval was given Mr. Siedel's and
Mr. Johnson's concerns should be addressed. Mr. Hough explained
that was why they were doing a phased SEPA review and requesting
further study on key issues.
Mr. Dawkins expressed concern over the safety of children walking
to school along the existing roads and questioned if the School
District had a figure of the number of children walking into that
site? Mr. RVan stated he did not have that number yet and that was
due to all the construction of homes going on in that area. Within
a mile radius of the school they anticipate all the children would
be walking to the school site. They would not expect children to
walk from Jackson Park if it was included. Mr. Dawkins questioned
if bids had been issued yet for the school project? Mr. Ryan
explained they were in the preliminary design stage. Their hope is
to have the school ready by September 1992.
Mr. Waibel noted he felt the best use of the site was for parks
and/or open space and supported approving the rezone. However, he
felt the street vacation request should be brought back to Council
after the Citizens Committee had an opportunity to work on the key
issues as addressed during public discussions on this issue.
#1452
M/S/C/U(Waibel/Horning) to approve the rezone from SF-1 to PS.
With no further business the meeting adjourned at 10:00 P.M.
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KATHLEEN McCLUSKEY, CITY CLERK
APPROVED
LY~~HORTON, Council President
City of Bremerton
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